The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of receiving the instant guidance from the victim of mistake of facts, the Defendant’s husband and the Defendant’s husband operated the instant restaurant “D” (hereinafter “instant restaurant”). At the time, the monthly sales of the instant restaurant was approximately KRW 70 million to KRW 80 million, and the Defendant’s husband had a house worth KRW 190 million in the market price under the Defendant’s husband’s husband’s name. The said restaurant’s deposit was KRW 60 million, and the premium was approximately KRW 40 million.

Therefore, at the time of receiving the instant fraternity money, the Defendant had the intent and ability to pay the instant fraternity money.

The reason why the instant fraternity money is not to be paid is that the sales of the said restaurant was rapidly reduced due to the new fluor, etc. after the receipt of the instant fraternity money, not that of the intention to acquire the instant fraternity money from the beginning.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts: ① at the time of receiving the fraternity of this case (as of January 2009, the defendant did not own property; on the other hand, the defendant was additionally liable for the amount of KRW 40 million to the victim; when receiving the fraternity of this case, the amount of KRW 70 million to KRW 9 million was expected to have been paid every month; ② the husband of this case was also liable for the amount of KRW 30 million to KRW 40 million per month; ② the husband of this case was also liable for the amount of KRW 6 million to KRW 600,000 per month; ③ at the time, the husband owned the house of KRW 170,000 per month to KRW 7 million; the husband was in the status of KRW 360,000,000,000 received KRW 360,000,000,000.